Shankar Malakar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.521 of 2018 Arising Out of PS.Case No. -558 Year- 2017 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Shankar Malakar S/o Mahendra Malakar, R/o Village- Dharnai, P.S.- Makhdumpur, District- Jehanabad.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Pinki Devi W/o Shankar Malakar, D/o Ram Kishore Malakar, R/o village- Umata, Dharnai, P.S.- Makhdumpur, District- Jehanabad, at present residing at Village- Lodipur, P.S.- Chhabilapur, District- Nalanda. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Section 498A of the Indian Penal Code. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family

Patna High Court Cr.Misc. No.521 of 2018 (2) dt.05-01-2018 2/2 dispute, the present case has been instituted against the petitioner. The victim is in habit of instituting similar cases against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.558(c)/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Biharsharif (Nalanda), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T